lloyds tsb - lloyds and tsb split

[urbanmuppet]

not sure if this is the right place or not but around 4 years ago i suffered a brain hemorrhage and fell into debt, my bank at the time was lloyds tsb , my debt with them shows as being written off on equifax ! since the bank split i am now getting letters off lloyds (who i have never dealt with) saying i owe them, how can i when i have no legal contract with lloyds ? i have also had two letters off the mkdp cowboys who imagine i am going to pay them (silly people) can anyone clarify where i stand regarding lloyds please ?

[Amethyst]

Re: lloyds tsb - lloyds and tsb split

Credit files show as satisfied sometimes when a debt is sold on. Have you had a notice of assignment of the debt to MKDP ? (Has it been sold to MKDP or are they chasing on Lloyds behalf?)

What was the debt, overdraft ? and approx how much ?

[urbanmuppet]

Re: lloyds tsb - lloyds and tsb split

the debt was an overdraft with lloyds tsb for £2410.55 who never chased me for the debt as i became unable to work after my illness, this has just started on 26/7/14 with a letter from mkdp who think lloyds have a right to be paid £4810.58 via them, i have not been told by anyone about this, i just doubt lloyds can do this legally when the tsb are not doing the same

[Amethyst]

Re: lloyds tsb - lloyds and tsb split

Lloyds TSB split and some accounts went with TSB and some with Lloyds - there will have been assignment and notification of such at the time. Have you had absolutely nothing from Lloyds or Lloyds TSB since ditching the account ? Have you changed address in the meantime ?

You should have received a notice of assignment from Lloyds (probably from MKDP on Lloyds headed paper) - if not I would send them a prove it letter and a request for any notice of assignment.

[urbanmuppet]

Re: lloyds tsb - lloyds and tsb split

Lloyds TSB split and some accounts went with TSB and some with Lloyds - there will have been assignment and notification of such at the time. Have you had absolutely nothing from Lloyds or Lloyds TSB since ditching the account ? Have you changed address in the meantime ?

You should have received a notice of assignment from Lloyds (probably from MKDP on Lloyds headed paper) - if not I would send them a prove it letter and a request for any notice of assignment.

i got an envolope on the 26th with a mkdp letter and a letter from (allegedly) lloyds, i have no desire to deal with mkdp and refuse to under any circumstances, all i need to know is is it legal/lawful for the dca to notify me at the same time as sendind a demand for inflated payment ?

[Amethyst]

Re: lloyds tsb - lloyds and tsb split

V.Roughly.....


Dear MKDP

Your reference: xxxxxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed to yourselves.

I would point out that I have no knowledge of any such debt being owed to Lloyds Bank Plc and certainly have not received any notice from they regarding assignment of any debt to your company.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability to yourselves for the debt in question.

I await your written confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

[Amethyst]

Re: lloyds tsb - lloyds and tsb split

i got an envolope on the 26th with a mkdp letter and a letter from (allegedly) lloyds, i have no desire to deal with mkdp and refuse to under any circumstances, all i need to know is is it legal/lawful for the dca to notify me at the same time as sendind a demand for inflated payment ?

Crossed posts sorry.

If you ditched an overdraft it is likely Lloyds left it sitting there and it built up with charges and interest before they defaulted it so its probably increased with Lloyds before going over to MKDP.

Sounds like that letter is the assignment notice, and yes they can ask you for payment at the same time if they now own the rights to the debt.

For reference MKDP do bring court action so it is better to deal with it at this stage. If they have bought the debt you may be in a good position to negotiate that extra £2k back off the debt,

[urbanmuppet]

Re: lloyds tsb - lloyds and tsb split

so it's legal for them to impersonate lloyds and send me letters ?

[Amethyst]

Re: lloyds tsb - lloyds and tsb split

In that they have permission from Lloyds to send the notice of assignment to you on their behalf, yes.

I know it doesn't seem right and it is a bug bear with a lot of people. You could always write to Lloyds and confirm with them they have sold your debt to MKDP and given permission to them to send you notification of such.

[Amethyst]

Re: lloyds tsb - lloyds and tsb split

There are hundreds of threads on this issue across t'interwebby - quite a lot on CAG if you have a google of 'who should send notice of assignment' etc.

“I think the correct interpretation of this statute was given by Atkin J in Denney, Gasquet, and Metcalfe v Conklin [1913] 3 KB at p 180). It is quite plain from his judgment that no formal requirements are required for a notice of assignment. It is sufficient if it brings: "to the notice of the debtor with reasonable certainty the fact that the deed does assign the debt due from the debtor so as to bind the debt in his hands and prevent him from paying the debt to the original creditor."

Van Lynn Developments Ltd v Pelias Construction Co Ltd [1968] 3 All ER 824.

[Amethyst]

Re: lloyds tsb - lloyds and tsb split

So, personally I'd get a Subject Access Request sent off to Lloyds to find out how this debt has increased from circa £2k to circa £4k ask for a list of transactions on the account over the last 6 years, also ask for any agreements, assignment, default notices etc

May as well get prepared for when/if MKDP chuck a court claim in.

If it helps MKDP are rubbish at having paperwork and often get kicked out of court, HOWEVER , its not so set on with an overdraft claim as it would be for say, a loan or credit card debt.